BILL NUMBER: AB 2522	CHAPTERED  09/29/00

	CHAPTER   833
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 14, 2000
	AMENDED IN SENATE   JUNE 20, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   MAY 1, 2000
	AMENDED IN ASSEMBLY   APRIL 13, 2000
	AMENDED IN ASSEMBLY   APRIL 4, 2000

INTRODUCED BY   Assembly Member Shelley
   (Coauthor:  Assembly Member Honda)
   (Coauthors:  Senators Johnston, Karnette, McPherson, Ortiz, and
Vasconcellos)

                        FEBRUARY 24, 2000

   An act to add Section 51220.4 to the Education Code, to add
Article 4 (commencing with Section 894.6) to Chapter 8 of Division 1
of the Streets and Highways Code, and to amend Sections 1666,
21455.6, 21950, 21956, and 42001 of, and to add Sections 11113.3,
11219.3, 21949, 21950.5, 21970, 21971, 42001.17, and 42001.18 to, the
Vehicle Code, relating to vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2522, Shelley.  Vehicles:  pedestrians:  bicyclists.
   (1) Existing law, the California Bicycle Transportation Act,
declares that it is the intent of the Legislature to establish a
bicycle transportation system to, among other things, achieve the
functional commuting needs of the public.
   The bill would establish the Pedestrian Safety Account in the
State Transportation Fund to be available, upon appropriation, for
allocation by the Department of Transportation to local governmental
agencies approved for grants to undertake pedestrian safety
improvement projects, including projects designed to improve
facilities for pedestrians and bicyclists in areas where need has
been demonstrated by high pedestrian injuries or fatalities.
   (2) Existing law requires the driver of a vehicle to yield the
right-of-way to a pedestrian crossing the roadway within any marked
crosswalk or within any unmarked crosswalk at an intersection, except
as specified.
   This bill would prohibit any person from unneccessarily stopping a
vehicle in a manner that causes the vehicle to block a marked or
unmarked crosswalk or sidewalk.  The bill would thereby create a new
crime and impose a state-mandated local program.  The bill would also
impose specified fines for certain violations that result in bodily
injury to anyone other than the driver.
   The bill would require the department to include at least one
question in each test of an applicant's knowledge and understanding
of the provisions of the Vehicle Code, as administered by the
department, to verify that the applicant has read and understands the
rights of pedestrians.
   The bill would impose a mandatory penalty of $100 for a first
conviction of violating a specified provision that prohibits the
driver of a vehicle from overtaking and passing a vehicle that has
stopped at a marked or unmarked crosswalk to permit a pedestrian to
cross the roadway.
   This bill would prohibit the removal of existing marked crosswalks
without giving the public proper notice and opportunity to be heard,
thereby imposing a state-mandated local program.
   (3) Existing law authorizes the use of automated enforcement
systems at official traffic control signals and requires any city
using the systems to provide warning notices prior to issuing
citations.
   This bill would provide that the authorization to use automated
enforcement systems does not include the use of photo radar for speed
enforcement purposes by any jurisdiction.
   (4) Existing law requires the Director of Motor Vehicles to
prescribe rules and regulations for driving schools and for traffic
violator schools regarding, among other things, the conduct of
courses of education including the curriculum.
   This bill would require the curriculum in those schools to include
the rights and duties of motorists as they pertain to pedestrians
and the rights and duties of pedestrians as they pertain to traffic
laws and traffic safety.
   (5) Existing law requires the adopted course of study for grades 7
to 12, inclusive, to include, among other courses, automobile driver
education.
   This bill would require the automobile driver education component
to include the rights and the duties of a motorist as they pertain to
pedestrians and the rights and duties of pedestrians as they relate
to traffic laws and traffic safety.  Because this would increase the
level of service required of school districts, the bill would impose
a state-mandated local program.
   (6) The Budget Act of 2000 (Ch. 52, Stats. 2000) made available
$8,000,000 that was appropriated for a competitive grant program to
fund local pedestrian safety and intersection traffic control
measures pursuant to enabling legislation enacted during the
1999-2000 Regular Session.
   This bill would transfer those funds to the Pedestrian Safety
Account described above.
  (7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as the
Pedestrian Safety Act of 2000.
  SEC. 2.  The Legislature hereby finds and declares all of the
following:
   (a) Pedestrians account for more than 20 percent of all traffic
fatalities in California.
   (b) Pedestrian fatalities are the second leading cause of
accidental death for California children five to twelve years of age.

   (c) Nearly 5,000 pedestrians are injured every year on California'
s streets and highways.
   (d) Pedestrian safety projects currently receive less than one
percent of all transportation funding in California.
   (e) It is in the best interest of the people of the State of
California that the Legislature adopt policies that address
pedestrian safety and recognize the priority of pedestrian safety
projects in overall transportation spending.
  SEC. 3.  (a) Notwithstanding Provision 4 of Item 2660-101-0042 of
Section 2.00 of the Budget Act of 2000 (Ch. 52, Stats. 2000), the
amount appropriated pursuant to that provision shall be transferred
to the Pedestrian Safety Account in the State Transportation Fund.
   (b) The enactment of this act constitutes implementation of
Provision 4 of Item 2660-101-0042 of Section 2.00 of the Budget Act
of 2000 within the meaning of that provision.
  SEC. 3.1.  Section 51220.4 is added to the Education Code, to read:

   51220.4.  For purposes of subdivision (j) of Section 51220, a
course in automobile driver education shall include, but is not
limited to, education regarding the rights and duties of a motorist
as those rights and duties pertain to pedestrians and the rights and
duties of pedestrians as those rights and duties pertain to traffic
laws and traffic safety.
  SEC. 3.2.  Article 4 (commencing with Section 894.6) is added to
Chapter 8 of Division 1 of the Streets and Highways Code, to read:

      Article 4.  California Pedestrian Safety Account

   894.6.  The Pedestrian Safety Account is hereby established in the
State Transportation Fund for expenditure by the department, upon
appropriation, for the purposes of funding grants awarded pursuant to
Section 894.7.
   894.7.  (a) The department shall make grants available to local
governmental agencies based on the results of a statewide competition
that requires submission of proposals for funding and rates those
proposals on all of the following factors:
   (1) Needs of the applicant as demonstrated by a high rate of
pedestrian injuries or fatalities.
   (2) Potential of the proposal for reducing pedestrian injuries and
fatalities.
   (3) Potential of the proposal for encouraging increased walking.
   (b) Priority for grants shall be given to applicants with the
highest pedestrian injury and fatality rates.
   (c) Eligible projects may include, but are not limited to, traffic
calming measures, intersection safety improvements, traffic signal
timing, crosswalk construction or improvements, and any traffic
safety or enforcement program authorized by law.
   (d) A grant recipient shall engage in public education efforts to
encourage pedestrian safety and awareness that may include a
pedestrian safety program.
   (e) The department shall award the grants as expeditiously as
possible.
   894.8.  The department, in cooperation with county and city
governments, the Department of the California Highway Patrol, and
relevant stakeholders, shall adopt the necessary guidelines for
implementing this article.
  SEC. 4.  Section 1666 of the Vehicle Code is amended to read:
   1666.  The department shall do all of the following:
   (a) Include at least one question in each test of an applicant's
knowledge and understanding of the provisions of this code, as
administered pursuant to Section 12804 or 12814, to verify that the
applicant has read and understands the table of blood alcohol
concentration published in the Driver's Handbook made available
pursuant to subdivision (b) of Section 1656.  In order to minimize
costs, the question or questions shall be initially included at the
earliest opportunity when the test is otherwise revised or reprinted.

   (b) Include with each driver's license or certificate of renewal
and each vehicle registration renewal mailed by the department,
information that shows with reasonable certainty the amount of
alcohol consumption necessary for a person to reach a 0.08 percent
blood alcohol concentration by weight.
   (c) Include at least one question in each test of an applicant's
knowledge and understanding of the provisions of this code as
administered pursuant to Section 12804 or 12814, to verify that the
applicant has read and understands the rights of pedestrians.  In
order to minimize costs, the question or questions shall be initially
included at the earliest opportunity when the test is otherwise
revised or reprinted.
  SEC. 5.  Section 11113.3 is added to the Vehicle Code, to read:
   11113.3.  The rules and regulations adopted pursuant to Section
11113 regarding the curriculum shall include, but are not limited to,
the rights and duties of a motorist as they relate to traffic laws
and traffic safety.
  SEC. 5.5.  Section 11219.3 is added to the Vehicle Code, to read:
   11219.3.  The curriculum prescribed pursuant to Section 11219
shall include, but is not limited to, the rights and duties of a
motorist as they pertain to pedestrians and the rights and duties of
a pedestrian as they relate to traffic laws and traffic safety.
  SEC. 5.5.  Section 11219 of the Vehicle Code is amended to read:
   11219.  The director may prescribe rules and regulations for
traffic violator schools regarding the conduct of courses of
education including curriculum, facilities, and equipment.  The
curriculum shall include, but is not limited to, the rights and
duties of a motorist as they pertain to pedestrians and the rights
and duties of a pedestrian as they relate to traffic laws and traffic
safety.  The director may also prescribe rules and regulations for
the conduct of instructor training courses.
  SEC. 6.  Section 21949 is added to the Vehicle Code, to read:
   21949.  (a) The Legislature hereby finds and declares that it is
the policy of the State of California that safe and convenient
pedestrian travel and access, whether by foot, wheelchair, walker, or
stroller, be provided to the residents of the state.
   (b) In accordance with the policy declared under subdivision (a),
it is the intent of the Legislature that all levels of government in
the state, particularly the Department of Transportation, work to
provide convenient and safe passage for pedestrians on and across all
streets and highways, increase levels of walking and pedestrian
travel, and reduce pedestrian fatalities and injuries.
  SEC. 7.  Section 21455.6 of the Vehicle Code is amended to read:
   21455.6.  (a) A city council or county board of supervisors shall
conduct a public hearing on the proposed use of automated enforcement
systems authorized pursuant to Section 21455.5 prior to that city or
county entering into a contract for the use of those systems.
   (b) The authorization in Section 21455.5 to use automated
enforcement systems does not authorize the use of photo radar for
speed enforcement purposes by any jurisdiction.
  SEC. 8.  Section 21950 of the Vehicle Code is amended to read:
   21950.  (a) The driver of a vehicle shall yield the right-of-way
to a pedestrian crossing the roadway within any marked crosswalk or
within any unmarked crosswalk at an intersection, except as otherwise
provided in this chapter.
   (b) This section does not relieve a pedestrian from the duty of
using due care for his or her safety.  No pedestrian may suddenly
leave a curb or other place of safety and walk or run into the path
of a vehicle that is so close as to constitute an immediate hazard.
No pedestrian may unnecessarily stop or delay traffic while in a
marked or unmarked crosswalk.
   (c) The driver of a vehicle approaching a pedestrian within any
marked or unmarked crosswalk shall exercise all due care and shall
reduce the speed of the vehicle or take any other action relating to
the operation of the vehicle as necessary to safeguard the safety of
the pedestrian.
   (d) Subdivision (b) does not relieve a driver of a vehicle from
the duty of exercising due care for the safety of any pedestrian
within any marked crosswalk or within any unmarked crosswalk at an
intersection.
  SEC. 9.  Section 21950.5 is added to the Vehicle Code, to read:
   21950.5.  (a) An existing marked crosswalk may not be removed
unless notice and opportunity to be heard is provided to the public
not less than 30 days prior to the scheduled date of removal.  In
addition to any other public notice requirements, the notice of
proposed removal shall be posted at the crosswalk identified for
removal.
   (b) The notice required by subdivision (a) shall include, but is
not limited to, notification to the public of both of the following:

   (1) That the public may provide input relating to the scheduled
removal.
   (2) The form and method of providing the input authorized by
paragraph (1).
  SEC. 10.  Section 21956 of the Vehicle Code is amended to read:
   21956.  (a) No pedestrian may walk upon any roadway outside of a
business or residence district otherwise than close to his or her
left-hand edge of the roadway.
   (b) A pedestrian may walk close to his or her right-hand edge of
the roadway if a crosswalk or other means of safely crossing the
roadway is not available or if existing traffic or other conditions
would compromise the safety of a pedestrian attempting to cross the
road.
  SEC. 11.  Section 21970 is added to the Vehicle Code, to read:
   21970.  (a) No person may stop a vehicle unnecessarily in a manner
that causes the vehicle to block a marked or unmarked crosswalk or
sidewalk.
   (b) Subdivision (a) does not preclude the driver of a vehicle
facing a steady circular red light from turning right or turning left
from a one-way street onto a one-way street pursuant to subdivision
(b) of Section 21453.
  SEC. 12.  Section 21971 is added to the Vehicle Code, to read:
   21971.  Notwithstanding any other provision of law, any person who
violates subdivision (a) or (b) of Section 21451, subdivision (b) of
Section 21453, subdivision (a) of Section 21950, or Section 21952,
and causes the bodily injury of anyone other than the driver is
guilty of an infraction punishable under Section 42001.18.
  SEC. 13.  Section 42001 of the Vehicle Code is amended to read:
   42001.  (a) Except as provided in Section 42000.5, 42001.1,
42001.2, 42001.3, 42001.5, 42001.7, 42001.8, 42001.9, 42001.11,
42001.12, 42001.14, 42001.15, 42001.16, or subdivision (a) of
42001.17, or Section 42001.18, or subdivision (b) or (c) of this
section, or Article 2 (commencing with Section 42030), every person
convicted of an infraction for a violation of this code or of any
local ordinance adopted pursuant to this code shall be punished as
follows:
   (1) By a fine not exceeding one hundred dollars ($100).
   (2) For a second infraction occurring within one year of a prior
infraction which resulted in a conviction, a fine not exceeding two
hundred dollars ($200).
   (3) For a third or any subsequent infraction occurring within one
year of two or more prior infractions which resulted in convictions,
a fine not exceeding two hundred fifty dollars ($250).
   (b) Every person convicted of a misdemeanor violation of Section
2800, 2801, or 2803, insofar as they affect failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering any person, shall be punished as follows:
   (1) By a fine not exceeding fifty dollars ($50) or imprisonment in
the county jail not exceeding five days.
   (2) For a second conviction within a period of one year, a fine
not exceeding one hundred dollars ($100) or imprisonment in the
county jail not exceeding 10 days, or both that fine and
imprisonment.
   (3) For a third or any subsequent conviction within a period of
one year, a fine not exceeding five hundred dollars ($500) or
imprisonment in the county jail not exceeding six months, or both
that fine and imprisonment.
   (c) A pedestrian convicted of an infraction for a violation of
this code or any local ordinance adopted pursuant to this code shall
be punished by a fine not exceeding fifty dollars ($50).
   (d) Notwithstanding any other provision of law, any local public
entity that employs peace officers, as designated under Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
the California State University, and the University of California
may, by ordinance or resolution, establish a schedule of fines
applicable to infractions committed by bicyclists within its
jurisdiction.  Any fine, including all penalty assessments and court
costs, established pursuant to this subdivision shall not exceed the
maximum fine, including penalty assessment and court costs, otherwise
authorized by this code for that violation.  If a bicycle fine
schedule is adopted, it shall be used by the courts having
jurisdiction over the area within which the ordinance or resolution
is applicable instead of the fines, including penalty assessments and
court costs, otherwise applicable under this code.
  SEC. 14.  Section 42001.17 is added to the Vehicle Code, to read:
   42001.17.  Notwithstanding any other provision of law, every
person convicted of an infraction for a violation of Section 21951
shall be punished as follows:
   (a) For the first infraction, by a fine of one hundred dollars
($100).
   (b) For a second infraction for a violation of Section 21951
occurring within one year of a prior infraction of violating of that
section that resulted in a conviction, by a fine not exceeding two
hundred dollars ($200), as provided in paragraph (2) of subdivision
(a) of Section 42001.
   (c) For a third or any subsequent infraction for a violation of
Section 21951 occurring within one year of two or more prior
infractions of violating that section that resulted in convictions,
by a fine not exceeding two hundred fifty dollars ($250), as provided
in paragraph (3) of subdivision (a) of Section 42001.
  SEC. 15.  Section 42001.18 is added to the Vehicle Code, to read:
   42001.18.  Notwithstanding any other provision of law, every
person convicted of an infraction for a violation of Section 21971
shall be punished as follows:
   (a) For the first infraction, by a fine of two hundred twenty
dollars ($220).
   (b) For a second infraction for a violation of Section 21971
occurring within one year of a prior violation of that section that
resulted in a conviction, by a fine of three hundred twenty dollars
($320).
   (c) For a third or any subsequent infraction for a violation of
Section 21971 occurring within one year of two or more prior
infractions of violating that section that resulted in convictions by
a fine of three hundred seventy dollars ($370).
  SEC. 16.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
